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What should I do if I am being sued by a former employee claiming wrongful termination?

Picture of Chris Battis By   ·  1 minute read

If you are being sued by a former employee claiming wrongful termination, it is important to take the following steps:

  1. Contact a qualified employment law attorney: It is highly recommended that you enlist the services of an experienced employment law attorney who can guide you through the legal process, analyze the facts of your case, and provide you with options for defense.
  2. Respond promptly to the complaint: After receiving the complaint, it is important to respond promptly. Typically, you will have a limited amount of time, usually 30-60 days, to respond to the complaint. Failure to respond may result in a default judgment against you.
  3. Gather and preserve evidence: Collect all relevant documentation that supports your position. This may include employee records, company policies, employee handbooks, and any communication that occurred between you and the former employee. It is important to preserve evidence, as it may be used during the discovery process.
  4. Evaluate potential defenses: Your attorney will review the allegations made against you and evaluate the possible defenses that may be asserted in response. For example, if the former employee was fired for misconduct or poor performance, this could be a defense.
  5. Consider settlement options: Settlement may be an option to resolve the dispute and avoid the expense and uncertainty of litigation. Your attorney can help you determine if settlement is a viable option and negotiate favorable terms.
  6. Prepare for trial: If the case cannot be resolved through settlement, your attorney will prepare your case for trial. This may include preparing witnesses, drafting legal briefs and motions, and presenting evidence.

It is important to note that the specific facts of each case may impact the best course of action. It is also important to recognize that there may be limitations or exceptions to the advice provided, as the law is complex and nuanced. If you have any further questions or concerns, it is important to consult with a qualified employment law attorney.